Urban security, organic law 4/2015, of march 30, on the protection of citizen security and the proposal for its reform, of october 2024: criminal intervention and administrative sanctions in the field of public space and rights of assembly and demonstrati

Abstract

The criminal intervention and administrative sanctions in the public space of the authoritarian Gag Law are analyzed, which is intended to be corrected with the consensus of the October 2024 proposal: the discouraging punishments for non-criminal occupations of buildings according to articles 557 bis, 203.2 and 245.2 of the Penal Code or ledemonstrations before the non-convened Congress, whose abolition is proposed to guarantee the right of assembly and democratic participation as well as the consideration as organizers with a very broad unitary concept of author and its elimination to safeguard the principle of guilt; serious disobedience for failing to comply with the requirement not to repeat offers of sexual services in public, a sanction that is intended to be abolished with the proposal of October 2024, although another proposal of the same year calls for increasing the penalty for coercive pimping, punishing pimping without profit or exploitation that does not harm any legal asset and denies the ability to dispose of one’s own body, attempts to correct an omission of Organic Law 10/2022 but creates a gender discrepancy, recovers the Francoist locative third party that prevents practicing in apartments or taking shelter in them, punishes, as a dry law, a mere preparatory act by the client without a victim and imposes penalties that ignore both the general and special parts of the Punitive Text and even the Spanish language; finally, the disproportionate punishment of unauthorized street vending by Organic Law 4/2015 is addressed, a sanction for the blanket top that the 2024 proposal seeks to eliminate because it does not violate public safety.